Question
I would tell Jenny's parents that they absolutely have the right to sue and should sue William, the wonder of the bar in downtown New
I would tell Jenny's parents that they absolutely have the right to sue and should sue William, the wonder of the bar in downtown New Orleans, LA. To start, I would bring up a case of extreme negligence, as not only was there a breach of duty, as the defendant clearly failed to exercise reasonable care in his bar by not hiring trusted/capable individuals, but caused severe harm in doing so as well, literally a death. The owner should also be held liable for Jenny's death, and while not intentional, his actions led to it. This situation shows a prime example of negligent hiring, as according to the book, "arises when the principal does not exercise proper care in selecting an agent for the job to be done." (Smith & Roberson 403) William is the owner and should be on top of whom he is hiring, and the fact that he somehow managed to bring on someone who has crimes that could ruin his business is baffling, to say the least.I would also further make a case for abnormally dangerous activities, as William instructed not only his bartenders to serve anyone regardless of age but hired Michael as a bartender, a felon with multiple convictions for the crime of delivery of alcohol to minors! Regarding a potential defense against all of my claims, maybe they would say something along the lines of assumption of risk, as they might say Jenny should have known the dangers of going into a bar and drinking underaged; however, in my opinion, this could easily be overcome as William has made too many mistakes to be ignored, as again, the fact that he instructed bartenders to serve anyone regardless of age alone is already a crime.
Further Research:
Mann, Richard A., et al. Smith and Roberson's Business Law. Cengage, 2022.
https://legal-dictionary.thefreedictionary.com/Theories+of+LiabilityLinks to an external site.
https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/everydaylaw0/health_care/personal_injury/negligence/Links to an external site.
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